FACTS:
– Plaintiff‑appellant Tirso Lopez filed an action for libel against defendant‑appellee José Delgado, claiming that Delgado had maliciously defamed him in writing.
– The alleged libellous material was placed in an envelope, sealed, and dispatched to Lopez by a special messenger.
– Lopez sought ₱4,000 in damages.
– The trial court found that the envelope was sealed, concluded that no “publication” of the libel had occurred, and awarded the plaintiff the nominal sum of ₱1 plus costs.
– Lopez appealed, insisting that the damages awarded were “wholly inadequate.”

ISSUE:
Whether the defendant’s act of placing the alleged libellous writing in a sealed envelope and transmitting it by messenger constitutes “publication” of a libel within the meaning of Section 5 of Act No. 277 of the Philippine Commission, thereby giving the plaintiff a cause of action and justifying a damages award.

RULING:
The Supreme Court held that publication of a libel cannot be presumed merely because the accused “parted with the immediate custody” of the material. Publication requires, at a minimum, a reasonable probability that the libellous matter will be read or seen by a third person.

– Because the envelope was sealed and addressed to the plaintiff, the Court found no reasonable probability that the contents were exposed to any third party.
– Consequently, no “publication” occurred, and the plaintiff had no actionable claim against the defendant.
– The plaintiff’s challenge to the nominal damages was dismissed, as the underlying cause of action was lacking.
– Moreover, the defendant did not appeal the trial‑court’s award of ₱1; therefore, the appellate court could not review the quantum of damages.

Disposition: The judgment of the trial court awarding ₱1 and costs to the plaintiff is affirmed, with the costs of the present appeal assessed against the appellant. The case is to be remanded to the lower court for appropriate procedural compliance.